DRAFT
Business and Computer related claims
Recent Update On:
March 18, 2004
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EXAMINATION OF COMPUTER-RELATED INVENTIONS AND BUSINESS RELATED APPLICATIONS
The analysis in this document is for discussion purposes only and does not represent any policy, views or guideline.
A
method of doing business, making a scheme or plan is not considered patentable. However, some business related inventions may be patented depending on how they are integrated into a method or system.
There is no clear definition of business related patents and it is therefore not practical to categorize inventions as a methods of doing business. Data processing methods are now routinely used in financial, accounting, shopping, marketing and various other fields using expert systems, neural networks, fuzzy logic (probabilities), semantic networks (relationships) and others. Business method inventions have similar characteristics to computer-related inventions and are examined as if they are innovative methods of applying skill and knowledge.
CLAIM EXAMPLES
STATISTICS AND PREDICTION
Statistics
1. A method to predetermine the durability of tires, comprising:
- manufacturing an arbitrary number of tires and measuring the radial force
variations exerted by the tread surface of each of the tires during one revolution
of rotation of each tire;
- measuring the lateral force variation exerted by the tread surface of each tire
during one revolution of rotation of each tire;
- destructively determining the durable life characteristics of a portion of the tires
to thereby provide a series of tested tired and a series of untested tires;
- storing the data of steps (1), (2) and (3) to provide a dictionary of the effect of
lateral and radial force variation on the durable life characteristics of the tested
tires;
- relating radial and lateral force variation of the series of untested tires to the
stored data of step (4) to thereby provide tires of known durability characteristics.
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Analysis:
Not Patentable?.
The aforementioned method consists of a scheme or plan for generating statistics and for using the statistics on new tires to predict tire durability. If steps (4) and (5) are the novel steps, there is no patentable subject matter because the
storing and correlation of data are well known data processing steps. There is no
ra1(
invention in the mere automation of a process. I
FOR DISCUSSION:
CD 178 says, “the claims are rejected under Section 2 of the Patent Act as being directed to a method of providing statistics”
Guidelines needed: Carrying out measurements on manufactured items and compiling statistics from testing is not patentable subject matter. Using the statistics to then predict various parameters or behaviors is not patentable because it is commonly known to predict parameters of components based on testing of representative samples. Schemes or plans for providing and using statistics do not constitute patentable subject matter under Section 2. (From CD 178)
Statistics and Networks
2. A computer-implemented method of collecting and processing statistical information relating to data transmissions between computers connected to a computer network, said method comprising the steps of:
a. collecting traffic flow statistics at one or more network devices;
b. processing the traffic flow statistics, using a first program, to generate a first-stage record for each data transmission, said first-stage record including:
i. source lP address and destination lP address;
ii. amount of data transmitted; and
iii. transmission start time and end time;
c. transmitting the first-stage records to a second-stage data processing means having data storage means, and storing said first-stage records
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:p method of managing cattle in large feedlots for optimum beef production, comprising:
(a) after arrival of an animal in the feedlot, identifying the animal through an identifying device attached to the animal that distinguishes the animal from very other animal in the feedlot, and recording the animal’s Identification; (b) in a first measuring step, measuring and recording at least one
physical characteristic of the identified animal, such measurement Including a first weight measurement, and matching the recorded first weight measurement and any other measurements taken, with the animal’s recorded identification; (c) feeding the identified and measured animal with a group of other
animals in a pen for a feeding period;
(d) in a subsequent measuring step, measuring at least one physical
characteristic of the identified animal including a second weight measurement, and matching the recorded second weight measurement and any other recorded measurements with the identified animal’s recorded identification and with the first recorded weight measurement and any other first measuiements;
(e) recording for the identified animal a projected limit or optimum target condition for the identified animal and matching the recorded condition with the recorded identification for the animal;
(f) calculating and recording the estimated time required for the identified animal to achieve the projected target condition using data for the identified animal that includes at least measurement data obtained from the first and subsequent measuring steps, and matching the recorded time with the recorded
identification of the animal; and
(g) selecting the identified animal for further processing based at least in
part on the estimated time. 2161749
Analysis:
(26.02, #5) Professional skills of cattle ranchers.
Mere statistical measurements. Schemes or plans for providing and using statistics do
not constitute patentable subject matter under Section 2.
000067
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ALGORITHMS
Channel Allocation
7. In a radiocommunicatiori system having base stations which transmit information on traffic channels and control channels, a method for allocating control channels to the base stations comprising the steps of:
a. associating at least one of the traffic channels with one of the control channels;
b. allocating the traffic channels to base stations; and
c. allocating the control channels to the base stations based on the allocation of the associated traffic channels to the base stations. CA
2217192
Analysis:
Patentable.
Resource allocation
patentable claim
8. A method for allocating a demanded amount of power to a plurality of power output apparatus, each power output apparatus having a cost curve associated therewith, such that each of the power output apparatus suppiles a portion of the demanded power, consisting of
a) entering data for each of the power output apparatus into a controller, the data providing information about each of the power output apparatus;
b) generating solutions for all possible output power demands according to algorithm A, the solutions indicating the portion of power each power output apparatus is to supply to provide the total power demanded at optimal cost efficiency;
c) storing the solutions in tables within a storage unit of the controller;
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being equal to the amount of power demanded at optimal cost efficiency;
e) outputting control signals to each of the power output apparatus, the control signals being indicative of the amount of power to be supplied.
Analysis:
Patentable.
If a claim contains an algorithm for making a prediction, it is considered patentable if the results from the algorithm are used as inputs into a system that as a whole is considered patentable. Algorithm A in step b) is integrated with the power allocation apparatus for signaling the amount of power to be supplied. However, steps a) to c) are inexplicit because it is not clear if the steps are performed by a human (not patentable see ______) or by the components in the apparatus (patentable). An improved algorithm B, replacing algorithm A, may patentably distinguish over the claim. Claims for unapplied algorithms which are not integrated into a useful system are not patentable.
FOR DISCUSSION
- Alternate position:
Not patentable: (Why?)
Mere scheme or plan or algorithm for allocating a resource. Falls in the domain of those skilled in the art of allocating resources (business professionals, economists) (26.02, #5) Professional skills of business processionals + economists.
Need guideline that says, “A mere scheme or plan or algorithm for allocating a resource which those skilled in the art of allocating resources (business professionals, economists) would normally perform is not patentable under Section 2. (26.02, #5) Professional skills of business processionals
+ economists.
Allocation Algorithms
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9. A method of allocating water or natural gas to a region based on intersection of a demand and supply curve whereby demand is projected using special algorithm A and supply is forecast using special algorithm B.
10. An apparatus consisting of:
a.
a display and handheld device enclosure;
b. means for processing intersection of a demand and supply curve;
c. means for calculating demand using special algorithm A;
d. means for calculating supply using special algorithm B; and
e. means for outputting the result onto said display
Analysis
Same as above
Resource allocation - non-patentable claim
Example
11.
A method for allocating beds for a hospital comprising:
a. obtaining patient information for each patient admitted to the hospital, and determining a score for each patient;
b. calculating an estimated duration for the hospital stay of said each patient based on an algorithm using coefficient inputs and specified diagnostic groups;
C. determining the number of hospital beds in use at a point in time using the dates of admission and LOS determined for each patient admitted to said hospital,
d. allocating hospital beds to patients awaiting admission based on said number of hospital beds in use.
2186043
Analysis:
Not Patentable. If a claim contains an algorithm for making a prediction or calculating a value, the system as a whole into which the algorithm has been integrated is considered to be patentable. The product in the above method is a number. The
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administrative or managerial utility of the result of the calculation is at the discretion of the user since the method is not integrated into a patentable system.
Need guideline as above: “A mere scheme or plan or algorithm for allocating a
resource which those skilled in the art of allocating resources (business professionals, economists) would normally perform is not patentable under Section 2.
FINAL ACTION FOR 2186043 SAYS (UNDER S.2):
a. The coefficient parameters (used in the algorithm) are arbitrary numbers which are determined by hospital professionals and may change with the type of ailment or diagnosis.
b. In a different locale, the type of diseases and the need for hospital care may be different and so the values of the coefficients will be different. An equation which is useful in one locale may not be appropriate in another location or under different circumstances.
Analysis:
This argument is not consistently applied because in wireless/mobile phone technology we accept the use of filter or equalization coefficients (which are picked by professionals) and must be customized for different settings (depend on weather, location, terrain).
Similarly, in power or natural gas allocation, a change in consumption patterns depending on locale, weather, season, etc. would require certain coefficients to be revised.
Virtually every algorithm has some coefficients which must be assumed by a professional and the reason it is assumed is because some variation in the situation would necessitate the revision of the assumed coefficient.
This algorithm has been integrated into a practical application. Under guideline 26.02 (1 .d) we would have to allow. If we don’t want to allow, need a different guideline.
PROPOSAL: REVISE 26.02 (1.d) IN GUIDELINES.
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12. A system operable for allocating power to hospital departments based on an allocation of beds for the hospital comprising:
a. a plurality of power output devices operable by control signals which are indicative of the amount of power to be supplied;
b. a central database connected through a network to the individual devices;
c. means for obtaining patient information from a central database for each patient admitted to the hospital, and determining an estimated duration for the hospital stay of said each patient based on algorithm A using coefficient inputs and specified diagnostic groups;
d. means for determining the number of hospital beds in use at a point in time using the dates of admission and estimated duration determined for each patient admitted to said hospital,
e. means for calculating power distribution based on bed allocation and available power and sending control signals to each of the plurality of power output devices;
f. means for displaying the allocated hospital beds and power distribution at a central monitoring site.
Analysis:
The hospital bed claim sets forth a method in which none of the subject matter pertains to a patentable art.
The claim above, on the other hand sets forth a system consisting of similar features as claim IV which are also integrated with a traditionally patentable field, namely power allocation systems.
For discussion:
Practice Note 1: It must be noted that any future claim Z which improves on the above claim by using algorithm B instead of algorithm A would be patentable if algorithm B distinguishes over algorithm A. However, claims for unapplied algorithms which are not integrated into patentable arts are not patentable.
OR
Practice Note 2: It must be noted that the point of invention is considered to be different in the
two preceding claims, which is why the hospital bed claim is not
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patentable while the above claim is patentable. The innovation here is considered to be the new and inventive approach to allocating power and the claim must overcome prior art in the field of power allocation. The relevance of the algorithm is only with regards the special technical characteristics it imparts to the claimed power allocation. If there are no special technical characteristics claimed or described, the algorithm would not be considered when applying the prior art to this claim.
Wireless Resource Allocation
13. A method for optimizing the use of data transmission resources between terminals in a telecommunication system and a network element in a telecommunication system, which method comprises the steps of:
a. forming an end-to-end connection between the terminal in the telecommunication system and the other party of the connection, which connection comprises the first connection part between the terminal and the network element and the second connection part between the network element and the other party, characterized by
b. monitoring the connection,
c. detecting an event indicating the difference in the capacity between the connection parts during the monitoring,
d. defining the extent of the event,
e. checking whether the extent of the event fulfills a predetermined condition, and
f. if the condition is fulfilled, changing the capacity allocated to the first connection part from said data transmission resources in such a manner that the difference in the capacity between the connection parts decreases.
CA 2346115
Analysis:
Changing the capacity allocated s2???
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HUMAN INTERVENTION OR ACTIONS(??) OR MERE
AUTOMATION OF HUMAN ACTIONS
Mental steps - Symbol display
14. A method for indicating, with regard to a desired item of a topical subject matter that is presented on a visual display of a computer along with other items, that associated undisplayed topical data of a subject matter topically related to the subject matter of the desired item is available,
comprising:
presenting the desired item on a visual display of the computer utilizing a standard set of symbols; and
providing a symbol different from any other symbols of said standard set of symbols adjacent to and concurrently with the desired item on the display of the computer temporally prior to displaying the associated undisplayed topical data for indicating that the associated undisplayed topical data is available;
said different symbol being spaced from the desired item and other items such that said symbol is associated with the desired item.
Analysis:
Not Patentable.
Subject matter accomplishing a result by means of a person’s interpretive or judgmental reasoning represents non-patentable subject matter. In the above claim there is a mental association of an icon with another icon. Guideline
26.02, #4.
Locating an object using known devices
15. A method of locating a stolen tractor trailer provided with a locating cellular transceiver, comprising the steps of:
(a) receiving an indication that said tractor trailer has been stolen;
(b) paging said locating cellular transceiver;
(c) maintaining an open voice channel with said locating cellular transceiver of said tractor trailer;
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(d) estimating the coordinates of the tractor trailer location based on the location of one or more cell sites communicating with said locating cellular transceiver;
(e) determining the location of a search vehicle with respect to said one or more cell sites;
(f) monitoring said open voice channel from said search vehicle;
(g) locating said stolen tractor trailer based on the direction of arrival of AF signals emitted by said stolen tractor trailer and received at said search
vehicle.
2203302
Analysis:
Not Patentable
If a claim requires the intervention of human beings who must invoke their skills or mental abilities in order for the claim to achieve its stated desired results, that claim is not patentable. Practice Note #1: The method steps require the versatility and intuitiveness of a skilled team of users. Practice Note #2: Human and interpersonal interactions involving various known electronic devices being used for their intended functions, are not a patentable method.
Update: The applicant argued, and PAB apparently agrees that there are no mental steps requiring judgement or interpretative abilities in this method.
NEED A STRONGER GUIDELINE:
Proposed (for discussion, needs refinement):
a. In electrical arts, there is a limit on the number of steps in a method that can be performed by a human being, other than data input/entry. A claim will be rejected under Section 2 if it is apparent that inventors grappling with the same problems (for example: as shown by the prior art) would not normally resort to solutions employing human steps to solve that problem. This is different from the typical test of exercising judgement or interpretative abilities, and is meant to deal with so-called inventions that depend on the versatility and intuitiveness of human beings.
i. All applicants and potential inventors should know clearly to what
extent (i.e. any extent?) their respective electrical inventions may
employ human intervention. It should be clearly stated in the
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guidelines so that inventors grappling with various electrical problems may resort to solutions employing numerous human interventions, which are/are not patentable.
ii. If the process requires data to be moved or processed using human steps, it should be automatable unless it requires inputting new data. If the data could not otherwise be handled (i.e. without the human) by the invention, the applicant is traversing a missing technical link which has not been invented yet. Many inventors could be grappling with the same problem, but have not devised appropriate solutions involving humans, assuming they were not patentable.
b. The use of several known electronic devices for their intended functions in a method or process to solve a problem in a new or inventive way is not patentable under Section 2 if the devices are used by human beings or there is no description of how to automate the coordinated use of the devices electronically.
C. NOTE: An electrical system requiring human actions to operate (other than simply inputting data) is not a system and is not patentable.
Managerial inventions
16. A method for evaluating leadership effectiveness, comprising the steps of:
a. gathering target information quantifying at least one domain selected from the group consisting of having personal convictions, being visionary, building emotional bonds, being inspirational, being team oriented, being a risk taker and having a drive to excel;
b. comparing the target information with a standard, the standard including standard values of the domain; and
c. identifying non-standard responses of the target. US
6007340
17. A DEVICE for evaluating leadership effectiveness, comprising:
a. MEANS FOR gathering target information quantifying at least one domain selected from the group consisting of having personal convictions, being visionary, building emotional bonds, being inspirational, being team oriented, being a risk taker and having a drive to excel;
b. MEANS FOR comparing the target information with a standard, the standard including standard values of the domain; and
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C. MEANS FOR identifying non-standard responses of the target.
Analysis:
Teaching apparatus
18. ‘An apparatus for teaching items to a user comprising:
a. memory means for storing a file of said items;
b. display means for presenting each item to said user;
c. input means for receiving a response from said user for each item; and
d. processor means, responsive to said user’s response, for sorting said items into groups of subjectively known items and subjectively unknown items and for generating a sequence of one subjectively unknown item and a plurality of subjectively known items. 2221256
Analysis & discussion:
Is this merely automation of what would normally occur in the prior art?
- Skills/actions of teachers.
• Is there utility?
- tangible/economic benefit.
• Progressive games: “no change in character or condition of any material objects”. Implements in a computer a mere idea for grouping known or unknown items for learning purposes but the idea is not an advance in human knowledge that will inevitably lead to better learning or faster learning or better retention of the material being learned.
This application merely automates (using a programmed computer) a method that would otherwise be unpatentable, which does not add patentability (Schiumberger). The idea of learning by associating unknown items with known items is not new or different from what a skilled professional (teacher) would do. Modern school systems are based on the same idea, i.e. building foundations in students which serve as contextual learning enablers.
The idea is that positive reinforcement by the confirmation of things that you do know (known items) will help to overcome the learning barriers of new things (unknown items). Mere automation of this idea does not add patentability .Schlumberger.
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Behavior Modification
19. A method of stimulating performance enhancement in a human subjects in which a visualisation programme is undertaken by the subject under hypnosis and in association with a perceptible stimulation provided by stimulation means, the visualisation programme being so arranged as to enable the subject thereafter, in response to the perceptible stimulation, to visualize performance enhancement by choice, and the stimulation means being adapted to be activated by choice by the subject during normal activity.
20. A method according to any preceding claim, wherein the visualisation programme includes an induction phase to induce hypnosis, and one or more of the following components;
a. an ego boosting phase in which the subject is motivated;
b. a visualisation phase in which performance enhancement is visualized;
c. an anchoring phase in which a visualisation is anchored to the aforesaid perceptible stimulation; and
d. a trial phase in which the stimulation means is activated while under hypnosis to recreate a visualisation previously imparted.
2261 077
Analysis: Same as for teaching apparatus.
21. Stimulation apparatus for use in a method of stimulating performance enhancement in a human subject, comprising attachment means by which the apparatus may be attached to the body of the subject during normal activity, and stimulation means adapted. to be activated by choice by the subject to provide a stimulation which is perceptible to the subject. 2261077
Analysis:
Managing a File Folder
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2, A rnethod forinanagig and Ioating at lie folder and particular documents.placed infHe foder, cmpiising the steps of:
a apptying to óaoh of the documents an identifier;
b. applying to the file folder an identifier;
c. applying to a storage location where the file folder is stored an identifier;
d. reading the identifiers for the documents, the file folder and the storage location;
e. inputting the identifiers into a computer memory data bank; and
f. processing the identifiers to generate information as to the storage location of the documents and the file folder. 2098757 GRANTED
Analysis:
It is arguable whether this method requires interpretive or judgmental abilities. What guideline would have prevented the allowance of this case?
Excerpt from description of 2098757:
In Figure 4, the label 30 containing the identifier
32 is shown to be affixed onto an end tab 34 on the side
of the file folder 36. However, the present invention is
not limited to affixing the label 30 containing the
identifier 32 at that location, but rather the identifier
32 may be affixed anywhere on file folder 36 depending on
the user’s particular needs. However, typically a user
will want to have identifier 32 located on an area of
file folder 36 that will be easily accessible for the
user. Of course, this in turn will depend on how the
user stores its file folders. The file folders 36 and 38
illustrated in Figures 4 and 5 are of the type that are
stored in a shelf filing system so that the end tabs
protrude out from the rest of the file folders 36 and 38
and the identifiers 32 and 42 on the end tabs 34 and 40
can be easily read by the user. If the user stores its
file folders in a filing cabinet drawer system, the label
with the identifier would normally be placed on an
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extension located at the top of the file folders so that
the identifier can be easily read when the drawer is
opened.
Managing Fundraising Campaigns
23. A method of managing a fundraising campaign comprising:
a. under control of a computer system;
b. displaying a graphical user interface for a particular fundraising campaign including an indication of a prospect of said particular fundraising campaign; and
c.• in response to a user action, associating a strategy identifier with said prospect;
d. storing data indicating said prospect and said associated strategy identifier for said campaign; and
e. in response to a reporting request, presenting campaign status information summarized or sorted by strategy identifier. 2328692
Analysis:
Can any guideline be used here? Only issue is that is deals with fundraising campaigns.
Baggage Handling
24. Baggage receiving and handling method in airport to receive passenger’s baggage and load the same on an airplane, the method comprising the steps of:
a. providing identification information whereby to identify the passenger and the baggage respectively to the passenger and the baggage when the passenger takes a check-in procedure;
b. storing a result of a security check on the baggage;
c. retrieving the baggage security check result based on the identification information of the passenger at the time of a security check on the passenger himself;
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d. informing the passenger of the baggage security check result if a rejection is included therein to let the passenger remove the cause of rejection; and
e.’ forwarding the baggage after the cause of rejection of which is removed to a
sorting section for a flight. 2186076
Analysis:
Final Action for 2186076 : Obvious Based on Cited Art and under S.2 Says:
I. What has been discovered here is the adaptation of the known method of receiving and handling baggage to a terrorist environment, in which everything must undergo a security check.
ii. This procedure does not constitute a new use for performing the known method or a technical innovation as a result of a computer implemented method, but rather;
iii. involves a superposition of additional steps which are required in the security procedure to the known airport baggage receiving and handling method.
iv. The addition of the security check to the baggage receiving and handling method at the airport is not novel and is performed independently of the provision of identifying the passenger and the baggage and correlating the same.
v. Updating a database with security information does not require any particular skill but rather a policy at the airport.
vi. Addition of the security check to the method of receiving and handling baggage is not an addition to the cumulative wisdom on the subject of airport check-in procedure.
Outcome: applicant has revised the claims in the response as follows:
25. An airport baggage receiving and handling method for use in an airport having a passenger security check gate for conducting a security check on passengers and a boarding entrance for boarding passenger check, to identify the baggage and to process the baggage for the passenger’s flight, the method comprising the steps of: teceive passenger’s baggage and load the same on an
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ahplane, the method comprising the steps of
a.
. prMding Identification information whereby to identify the passenger, the. baggge and the passenger, and the baggage with respect to each other, respective’y to the passenger and the baggage when the passenger undergoes takes a check-in procedure;
b. Receiving baggage attached with identification information;
c. Conducting a baggage security check for the baggage received in the precedent step and storing a result of the a security check on the baggage;
d. retrieving the baggage security check result based on the identification information of the passenger at the time of a
passenger security check on the passenger himself at the passenger security check gate;
e. Conveying informing the passenger of the baggage security check result to the passenger, and if the baggage security check result is a rejection, permitting the passenger to overcome the rejection; if a rejection is included therein to let the passenger remove the cause of rejection and
f. forwarding the baggage that has passed the baggage security check to a storing section. after the cause of rejection of which is removed to a sorting
section for a flight.
2186076
- Amended after FA
The response doesn’t really address the S.2. rejection, other than it says, “The present invention.. .is not simply adding baggage security check to a known system.”
Frequency Allocation & Planning
26. A method for evaluating a frequency allocation plan for a CDMA based communication system having fixed base radio telephones, said method comprising the steps ot:
a. determining locations of a plurality of antennas said plurality of antennas providing a coverage area;
b. generating a location of at least one radio telephone within said coverage area;
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c. allocating frequencies to said coverage area;
d. evaluating communication parameters from said at least one radio telephone to said plurality of antennas;
e. calculating a frequency reuse factor to determine the efficiency of said allocated
• frequencies such that said allocated frequencies can be analyzed to implement an efficient frequency plan for a COMA system. CA2290670
Analysis:
Managing Rentals
27. A method for managing rentals from a rental service provider by an insurance service provider having a plurality of claims adjusters and claims managers, said method comprising:
a. employing a server system including a database having rental claim information for each of said rentals;
b. employing a plurality of client systems for said claims adjusters and said claims managers;
c. employing a global communication network to interconnect said server system with said client systems;
d. displaying at least some of said rental claim information for one of said rentals at one of said client systems;
e. modifying said rental claim information for said one of said rentals from said one of said client systems; and
f. reviewing by exception some of said rental claim information from another one of
said client systems. 2435343
Analysis:
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INTERFACING
User interfaces or interfaces
An invention is considered not to be correctly and fully described when the operation of the computer system is described merely in reference to a graphical user interface.
28. In a financial analysis system, a method of allowing a user to interactively explore how changes in one or more input decisions affect one or more output values, the method comprising the steps of:
a. concurrently displaying a first visual indication depicting input mechanisms for receiving one or more input decisions, and
b. a second visual indication depicting a set of output values, the set of output values based upon the one or more input decisions and a recommended set of financial products;
c. receiving updated values for the one or more input decisions via one or more depicted input mechanisms;
d. determining a new recommended set of financial products and a new set of output values based upon the updated values; and
e. updating the second visual indication to reflect the new set of output values.
2313206
Analysis:
Interfacing Data Formats
29. A computer program product for use in a navigation system wherein the navigation
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sysi 3m includes a navigation appilcatlon program for proyidingnavIgting featjres to a user of the navigation system and a geographic database stied’•on a physical storage medium in a computer-readable physical storage format, said computer program product comprising an interface layer comprising:
a. means for accepting and processing requests for geographic data from the navigation application program; and
b. means for translating geographic data from said physical storage format and providing said geographic data to said navigation application program in a logical
data model format. 2219037
Analysis:
Generate Visual Displays
30. A broadband network comprising:
a. a hybrid fiber coax (HFC) network having network elements operable for communicating telephony, data, and video signals with customer-premises equipment of a subscriber; and
b. a fault manager having an alarm visualization tool for generating visual displays of the status and configuration of the network elements and the customer-
premises equipment. CA2385208
Analysis:
CONTRACTS
Contract for Buying and Selling
31. A computer device for consummating a binding contract between a remote
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prospective buyer and a remote potential seller, comprising: a memory device; and a processor disposed in communication with said memory device, said processor configured to receive from the remote prospective buyer (a) a purchase offer containing at least one condition, and (b) a payment identifier for specifying a general purpose financial account from which funds may be paid for a purchase meeting said at least one condition; said processor further configured to transmit the purchase offer to a plurality of remote potential sellers, and receive from at least one of the remote potential sellers an unconditional acceptance of the offer.
(2273176)
32. A system of creating and administering financial contracts having terms and conditions which provide repayment of monies tendered by one entity to another on a dateor dates in the future, along with periodically provided compensation thereon, said system comprising:
a. means for issuing financial contracts which provide for the level of compensation thereon to be adjusted periodically to produce a rate of compensation tied to an external benchmark, allowing the issuing entity to establish a lower rate of compensation in any period in which its solvency or deteriorating credit quality, including with respect to the business activity to which the contract relates, is otherwise threatened in exchange for establishment of a higher rate of compensation during periods in which the results of a formula computation exceed certain pre-agreed levels. 2210736
Analysis:
Risk Management
33. A data processing system to enable the formulation of
multi party risk management contracts, the system comprising:
at least one stakeholder input means by which ordering
stakeholders can input contract data representing at least one offered
contract in at least one predetermined phenomenon, each said phenomenon having a range of future outcomes, and said contract data specifying a
future time of maturity, entitlements due at maturity for the range of
outcomes, and a consideration due to a counter-party stakeholder;
at least one counter-party stakeholder input means by which at
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said ng data; and
rig means, linked with the data storage means, for
• contracts from said contract data and said
1

and said counter- ri to match an offered contract’
least one of said counter-party stakeholders.

Report by examiner states:

a. The method of inputting stakeholder and counter-party stakeholder comprising dates of maturity, entitlements, etc requires substantial, non-trivial human interaction. Subject matter that depends on the professional skill of the user is not patentable.
b. The system for formulating mutlitparty contracts does not amount to a contribution or addition tot he cumulative wisdom with respect to existing systems that accommodate automatic matching.
It is arguable whether professional skill is involved and therefore the guidelines needs to be stronger.
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Analysis:

000087

FINANCE OR FINANCIAL ENGINEERING
Value notes
34. A method of providing a value note comprising:
a. providing first information representative of public key information for a bearer, or from which public key information for a bearer can be verified;
b. providing second information representative of a commodity represented by the value note; and
C. calculating third information representative of an issuer’s signature dependent on the first and second information and verifiable by means of public key information for the issuer. 2266976
Analysis:
Public and private key encryption is known. Is the discovery the idea of including the commodity information in the value note. If so, is it patentable?
Pension accounts
35. In combination in a system for the management of a plurality of pension-backed credit accounts comprising:
a. a deposit and/or withdrawal input means for receiving select deposit and withdrawal transaction activity associated with a particular plan account;
b. memory means for storing current vested pension account data associated with a plurality of individual pension plan participants;
c. data processing means for receiving said deposit and withdrawal transaction activity, in conjunction with memory access means for retrieving current vested pension account data and responsive thereto for determining the level of Available Capital associated with a pension-backed credit account, approval of
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the requested withdrawal, if any; and
d. account update means for adjusting a line of credit value stored in conjunction with said credit account 2106077
Analysis:
Atkins decision:
I. Substitution of a computer which has been programmed in a specific manner to make decisions that were formerly made by a financial adviser.
ii. Automation of Professional skills is not patentable.
THE GUIDELINES SHOULD REFLECT THE ATKINS DECISION.
Dynamic Pricing Method
36. A method for providing one or more individual subscriber units (ISU) of a communication system with realtime information on the cost of a communication service, comprising:
a. determining a first location of a calling ISU and a second predicted or actual location.of a called ISU;
b. computing a current calling rate based in part on current realtime usage of the communication system for at least one of the first or second locations;
c. sending said calling rate to one of said ISUs; and
d. thereafter connecting or not connecting a call between the calling and called ISU based on a response from one of the calling or called ISUs. 2064406
Analysis:
FOR DISCUSSION AND ARGUMENT:
Can’t apply Atkins but still falls under professional skill:
This function used to be performed in the old days when placing person to person calls long distance. The operator would inform the caller of the cost based on the location and time of day etc, and then connect the call. Mere automation of what a skilled person would do.
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Optimizing taxes
37. A computerized method for optimizing investments on a lot-by-lot basis, the method comprising the steps of:
a. receiving tax and investment data corresponding to a plurality of
individual lots of investments, and receiving either user-customized investment expectations or financial adviser-based investment expectations at a processor;
b. performing tax loss harvesting analysis on the user-customized investment expectations or the financial adviser-based investment expectations over a dynamic taxation time range by optimizing the after-tax proceeds of tax loss-based sales on a lot-by-lot basis using a predetermined software program executed by the processor;
c. performing comparative pro-forma tax sensitivity analysis of the tax and investment data and the analyzed investment expectations on a lot-by-lot basis using the predetermined software program executed by the processor; and
d. determining and outputting from the processor to an output device a set of financial investment data, including money valuations, representing an optimal after-tax investment strategy path from a plurality of investment strategy paths over the dynamic taxation time range using the predetermined software program to optimize the after-tax proceeds on a lot-by-lot basis from the plurality of investment strategies, wherein the outputted optimal after-tax investment strategy path advises a user of optimal investments to be made. 2363573
Analysis:
Atkins decision
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Billing related
38. A method of billing for telecommunications services with a computer system, comprising:
a. inputting into a computer system data regarding a number of DSU/CSUs, routers, wireless communications equipment. line connections and number and type of data software applications leased to a user, for a period;
b. inputting into the computer system the rate for the period for the user for each leased DSU/CSU, router, line connection, wireless communications equipment, and data software applications;
c. calculating a first itemized bill part for lease fees owed by the user for the period;
d. generating the first bill part for the period for the user; and
e. transmitting the first bill part to the user. [Claim 34, 2324821]
Analysis:
Mere idea of generating a bill based on the cost of used components in the system and the rate of lease. S.2 NEED GUIDELINE.
Economic Incentive Data
39. A method for controlling a telecommunication network in which a moderating computer collects economic incentive data from each Carrier of a plurality of telecommunications Carriers, processes the economic incentive data and distributes processed data to a plurality of telecommunications switches, each switch associated with an originating point, thereby enabling each of the plurality of switches to select a Carrier of the plurality of telecommunication Carriers for a call attempt presented to the switch, based on an economic choice, wherein the method comprises:
a. receiving in the moderating computer, economic incentive data specifying the economic incentive each Carrier will place on a call from each originating point of a plurality of originating points to each terminating point of a plurality of
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terminating points,
b.
processg.the.economic incentive data to determine which of the economic incéntiva data coriespond to a first originating point and to produce derivative data and staring the economic incentive data and derivative data in a data base of the moderating computer as first originating point data;
c. identifying a first set of telecommunication switches of the plurality of switches, each switch associated with the first originating point, and transmitting at least a portion of the derivative data, but none of the economic incentive data, to the first set of telecommunication switches; and
d. transmitting at least a portion of the first originating point data to at least a portion of the plurality of telecommunication Carriers. 2278641
Analysis:
Statistical processing of economic incentive data
Resource allocation.
S2?
Financing
40. A method of financing the development of a product by a product supplier, for which the development costs are to be recovered from supply of said product to a purchaser over a contractually agreed term, comprising the steps of:
(i) determining a set of assets owned by said product supplier and required for the development and sales of said product;
(ii) determining a value for said determined set of assets and transferring said determined set of assets from said supplier to a financing entity at said
determined price;
(iii) said product supplier leasing from said financing entity said determined set of assets,
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4I term of saldjease being less than said ntractually agreed tenn;
(&) said produt suppjier making intereston1y payments on said tease for a fir period rnutgally agreed with said financing entity and
(v) said product supplier making interest and principle payments on said lease for a second mutually agreed period with said financing entity, said second period
being longer than said first period and the sum of said first and second periods being less than said contractually agreed term. 2287796
Analysis:
Atkins decision.
Financial Engineering
41. A data processing apparatus for use in transacting an expirationless option on a particular asset, said data processing apparatus comprising:
(A) means for receiving data representative of a particular asset, an option type, an exercise price for the particular asset, the current
price of the particular asset, the historic price volatility of the
particular asset and the margin requirement for the particular asset;
(B) a storage medium adapted to store the data received by said
receiving means and an expiring option premium algorithm;
(C) means, responsive to the data received by said receiving means, for generating data representative of an option premium for the expirationless option on the asset using the expiring option premium
algorithm; and
(D) means for outputting the option premium data for use in transacting
the expirationless option. 2265963
Analysis:
Atkins decision.
PAB DECISION #1 243 ON 561,337 SAYS:
a. The claims add details of calculations which are performed or to the data
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that are produced but do not add any features that go beyond the basic function of a computer.
b. The result of the applicant’s system Is information. There Is no dispute that this information may be Important and even valuable but information is not a material object.
Why not incorporate these into the guidelines.
Transaction events
42. A method of generating at least one accounting entry for sub ledger processing, comprising:
a. receiving information about a transaction related to at least one product;
b. automatically identifying at least one transaction event from the transaction information;
c. automatically selecting at least one accounting rule pertaining to the transaction event;
d. automatically generating the accounting entry for the transaction event according to the selected accounting rule; and
e. automatically formatting the accounting entry for a sub ledger. 2260481
Analysis:
Atkins decision.
Monitoring Financial Securities
43. An apparatus for monitoring financial securities
markets comprising:
a. transformation means for transforming each
value of a plurality of security index
values associated with the system using a
function dependent on at least baseline and
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tiflcaJ. values of the index.va!ue;
iappijig ri áns for maping the function to a
SeqJice gf reference, values and generating
a deviation indicator.for each security
index value; and
c. analysis means for analyzing the deviation
indicators and generating an average
deviation indicator. 2255575
Analysis:
Atkins decision.
Operating Financial Accounts
44. A computer-based system for operating a
plura!ity of client financial accounts comprising:
processing means;
memory means connected to said processing means
for storing information pertaining to the client
financial accounts;
means for maintaining in said memory means a
database comprising for each client account at least one
asset account which receives funds for investment
purposes, said asset account having an account balance
which is updated by the computer system upon receipt of
said funds, and at least one liability account;
means for allocating said received funds among
said accounts; and 2207210
Analysis:
Page 34 of 54
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Financial Instrument
45. A method of creating a negotiable financial instrument comprising the steps of:. a. requiring a purchaser to pay a predetermined fee,
b. providing the purchaser with a negotiable instrument indicating a maximum guaranteed amount equal to or less than the pre-determined paid fee, and
c. providing an area on said instrument for allowing the purchaser to indicate a desired.purchase amount up to the guaranteed maximum amount, whereby any amount In. excess of the difference between the maximum amount and the purchase amount is credited to the purchaser. 2113011

Analysis:

Structuring a Portfolio

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000096

46. A method for structuring a portfolio, comprising:
(1) calculating, by computer, a number of potential-loss function values at points in a domain of stochastic market factors, the points being obtained from a
low-discrepancy deterministic sequence;
(ii) determining a cumulative distribution function
of the function values;
(iii) determining value at risk as one of the function values corresponding to a specified level of confidence; and (iv) structuring the portfolio depending on a
comparison of the value at risk with a specified target
value. 2280476
Analysis:
Atkins decision.
Proxy Assets

J /1f5
I

47 A method for providing a proxy asset set of two or more proxy assets that responds to a set of one or more indices, each proxy asset of the proxy assets set
having a proxy asset account value and a number of proxy asset shares répiesentiñg equal claims on the proxy asset account value, the proxy asset set Jiaving a total number of shares equal to a sum over all the number of proxy asset shares in the proxy assets set and having a proxy assets set account value eal to ‘a sum over all the proxy asset account values of the proxy assets set, the method comprising:
A. defining a proxy asset account value with a predetermined account formula responsive to at least one corresponding index of the set of one or more
indices;
B. constraining the proxy assets set account value by a value of a resources pool; and
C.. reevaluating the proxy asset account value according to the account formula upon occurrence of each event of a plurality of predetermined events. 2408539
Analysis:
Financial accounts with overdraft
48. A computer-based system for operating a plurality of client financial accounts comprising:
a. processing means;
b. memory means connected to said processing means for storing information pertaining to the client financial accounts;
c. means for maintaining in said memory means a database comprising for each client account at least one asset account which receives funds for investment purposes, said asset account having an account balance which is updated by the computer system upon receipt of said funds, and at least one liability account;
d. means for allocating said received funds among said accounts; and a plurality of client computers, each client computer comprising:
i. means for communicating with said computer system;
ii. means for limiting use of said client computer to one or more clients by
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III.

Analysis:
BUYING AND SELLING
Order Processing
49. An electronic order processing system for use in an ordering system responsive to a transaction request associated with an item, said electronic order processing system comprising:
a. a computer receiving said transaction request; and
b. a program executed on said computer for processing said transaction request and processing a parameter for said item, said program comprising; :a) an association module for associating a calculation code with said item; b) a calculation modUle for applying said calculation code to said item to produce an amount; and
C) an application module for providing said amount to an output device; wherein each operation within each of (a), (b) and(c) may be modified and flow of execution amongst (a), (b) and (c) remains the same.
50. An electronic order processing system as in claim 39, wherein said calculation module initially. associates a calculation rule with said calculation code and uses said calculation rule to produce said amount.
51. An electronic order processing system as in claim 40, wherein said calculation rule may be modified and flow of execution amongst (a), (b) and (c) remains the same.
2,327,085.
Analysis:
The above three claims come from an application that discloses a general-purpose electronic commerce software package. The software is supposed to distinguish
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over existing software packages by allowing the web site owner executing it to select and change price calculation rules for their offered goods without being forced to rewrite the code of the software. Aside from the various obviousness and indefiniteness considerations, would such matter be considered patentable?
Processing orders
52b A method for servicing a customer, said method comprising the steps of:
a. repeatedly transmitting information about available items, said information being transmitted as a wireless transmission; and
b. receiving order information from at least one customer device positioned within range of said wireless transmission.
53. A program product, said program product comprising:
a. one or more programs configured to perform the following steps:
i. repeatedly transmitting information about available items, said information being transmitted as a wireless transmission; and
ii. receiving order information from at least one customer device positioned within range of said wireless transmission; and
iii. signal bearing media bearing said one or more programs.
2,346,985
Analysis:
The above two claims come from application number 2,346,985. The idea in the application is that a drive-through restaurant can replace its menu sign and two-way speaker with wireless communications; the customer can read the menu from and enter their order into their PDA. All of the disclosed hardware, wireless protocols, and operating systems are known.
“Price” Determination for Communications
54. A method for use in providing a discounted call rate for wireless communications, comprising:
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a. determining whether an originating subscriber and a terminating subscriber of a telephone call are located within a predetermined geographic area that is smaller than and included within boundaries of a home area of at least one of the subscribers having a wireless connection in the telephone call;
b. determining whether a predetermined relationship exists between the originating and terminating subscribers; and
c. providing data that is indicative of a discounted call rate for the wireless connection if it is determined that the originating and terminating subscribers are located within the predetermined geographic area and have the
predetermined relationship. CA 2314855
., •.
Analysis: - /
Bidding for Energy Supply
55. A method for creating an automated auction among energy providers and end users in which a moderating computer collects economic incentive data from each provicier of a plurality of energy providers, processes the economic incentive data and distributes processed data to a plurality of control computers, each control computer associated with at least one end user. thereby enabling each of the plurality of control computers to select a provider of the plurality of energy providers for the provision of energy to the end users. based on an economic choióe, wherein the method comprises:
a. receiving in the moderating computer, economic incentive data specifying the economic incentive each provider will place on a unit of energy provided to end users associated with at least a portion of the plurality of control computers,
b. processing the economic incentive data to determine which of the economic incentive data correspond to a first control computer and to produce derivative data, and
c. storing the economic incentive data and derivative data in a data base of the moderating computer as first control computer data:
d. transmitting at least a portion of the first control computer data to the first control computer, and transmitting at least a portion of the first control computer data to at least portion of the plurality of energy providers.2298481
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Analysis:
Method and System for Billing
56 A method for billing a called party for a service delivered during a call between the calling paty and a called party, within a communications network, comprising:
a. detecting a preauthorized confirmation signal indicating that the called party is to be billed for the cost of the service; and
b. marking a telephone billing record associated with the call based on the detected confirmation signal, the telephone billing record being a basis of a phone bill and having a billing amount associated with the cost of the delivered service, at least a portion of the billing amount associated with the delivered service being unrelated to a duration of the call.
57. An apparatus for billing a calling party for a service ordered during a call between the calling party and a called party, within a communications network, comprising:
a. a switching system connected to the communications network, said switching system receiving, from the called party, a telephone billing record based on a cost of the service ordered, the telephone billing record having a billing amount associated with the cost of the ordered service, a billing rate of the call and a duration of the call being unrelated to at least a portion of the billing amount associated with the ordered service, said switching system updating a rating reóord of charges of the calling party based on the telephone billing record.
2233185
Analysis:
Designing and Purchasing a Laser Scanning System
58. An Internet-enabled method for designing and purchasing a laser scanning system, comprising the steps:
(a) hosting on an programmed Internet information server, a
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Website capable of suppprtlng an interactive procedure;
(b) using a client computer system having a Web browser
program, to enable a prospective customer to transmit end-user laser scanning system specifications of a particular laser scanning system, to said Website during said interactive procedure;
(c) assigning a unique customer request number to said
prospective customer transmitting said end-user laser scanning system specifications to said Website;
(d) designing a laser scanning system based on said transmitted end-user laser scanning system specifications; and
(e) computing a price quotation based on a finalized laser scanner design for said laser scanning system. 2286768
Analysis:
Computing a Price Quotation
59. An Internet-based information serving system comprising:
an Internet information server hosting a Website including a
plurality of HTML forms for enabling an interactive procedure;
said interactive procedure enabling a prospective customer, using a client computer system with a Web browser program, to transmit end-user laser scanning system specifications to said Website; and said Internet information server assigning a unique customer request number to said prospective customer transmitting said end-user laser scanning system specifications to said Website;
a laser scanner design workstation for designing a laser scanning system based on said transmitted end-user laser scanning system specifications; and
an electronic commerce server for computing a price quotation based on a finalized laser scanner design for said laser scanning system, and transmitting said price quotation to said end-user or prospective customer of said laser scanning system; and
said electronic commerce server allowing said prospective customer
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10 electronically transmit a purchase order on said finalized laser scanner
2286768
Analysis:
Preparing billing information
60. A method of charging for directory assistance services that are provided over a packet switched network, the method comprising:
a. tracking number of directory listings that are transmitted to and displayed on a client access device; and
b. preparing billing information based upon the number of directory listings.
2406030
Analysis:
Selling Healthcare Services
61. A method of selling healthcare services to a patient, the method comprising:
a. establishing a plurality of contracting healthcare service providers;
b. providing a case statement template having one or more areas to specify clinical and non-clinical requirements of the patient;
c. receiving case statement information, at least a portion of which is provided by the patient;
d. preparing a case statement based on the case statement information;
• e. delivering the case statement to at least one contracting healthcare service provider; and
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receiving a response from the at least one contracting heaithcare sece provider, the response including a price, a clinical track reóord, and service
information. 2337288
Analysis:
OTHER
Advertising
62. Apparatus for displaying advertisements comprising:
a memory for storing E.G. data and advertising data;
a display monitor having a screen;
means for accessing the memory to recover E.G. data corresponding to a number of television programs;
means for displaying the recovered E.G. data on the screen in lines of television program
listings, each television program listing being displayed in a separate line; means for accessing the memory to recover advertising data; and
means for inserting the recovered advertising data in a line on the screen instead of one of the television program listings. 2275720
Analysis:
Gift giving
G3,.:thod in a óompUter system for coordinating. delivery of a
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gift from a gift to giver to a recipient, the gift and recipient being
specified in a gift order, the method comprising:
determining whether the gift order includes sufficient information so
that the gift can be delivered to the recipient;
when sufficient information is not provided in the gift order,
obtaining delivery information from one or more information sources; and when sufficient delivery information can be obtained from the
additional information sources so that the gift can be delivered to the
recipient,
directing the gift to be sent to the recipient as indicated by the deliver
information.
Analysis:
Self-optimizing Performance
64. A method for self-optimizing a performance of an object comprising:
a. performing a plurality of computerized automatic experimental cycles on a plurality of selected control variables; each experimental cycle comprising computer-planning a designed test matrix,
b. executing the experimental cycle according to the designed test matrix to collect test results, and
c. computer-analyzing, in real time, the test results to determine at least one way to combine optimally the selected control variables for optimizing or improving the performance of the object; 2299995
Analysis:
Certification Service
65. An on-line certification service [apparatus] accessible over a communication network, comprising:
a. a member database for storage of data concerning members comprising
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service entities and individuals associated with the entities;
b a
cerficataon database for storage of certification records associated with the nien*érS based on predetermined process specification data; and
c. a controller connected to the databases and the communication network, and performing oprations comprising:
i. registering the members into the member database based on information provided by the members over the communication network following a member registration process under control of the controller;
ii. collecting certification data for the individuals based on audited information provided by the members over the communication network following an auditing process under control of the controller;
iii. processing the audited information with respect to the process specification data and managing the certification records as a function of the audited information processed by the controller;
iv. managing access rights to selected elements of the certification records based on access right information provided by the members over the communication network following an authorization process under control of the controller; and
v. reporting the selected elements of the certification records corresponding to the access rights of a requester over the communication network following a report process under control of the controller in response to an information request received from the requester over the communication network.
Analysis:
A Clinical Information Reporting System
66. A clinical information reporting system for use with an electronic database for a health care facility, said electronic database containing records for a group of patients, there being at least one record for each patient of said group of patients, said database also containing operational information which is accessed and used during the course of operation of the facility, said records containing clinical information for said group of patients, said reporting system comprising:
a. an electrocardiograph means for generating ECG-related data for each of the
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patients of the group of paUents; :
b. a database application means fdr inàorporathig the ECGreIated data for said group of patients into the records for the patients of said group of patients; and
c. a report generating means for generating a process of care report from the Iriformat ion stored in said database, said process of care report presenting selected process of care information derived from said database as a fuctIon of a clinically meaningful class of said group of patients, wherein said clinically meaningful class is defined at least in part in terms of the ECG-related data supplied by said electrocardiograph means and stored within said database. 2112098
Analysis:
Travel Scheme
67. In a computer system having a data input a data storage device, a processor, and a data output device, a method for determining a travel scheme for minimizing travel costs for an organization, where the organization expects to purchase travel trips for a plurality of travelers for a plurality of predetermined travel links, each travel link comprising a travel origin and a travel destination, each travel link being served by at least one of a plurality of travel carriers, the method comprising the steps of:
a. obtaining travel information relating to the carriers and the links via the data input device;
b. storing the travel information via the data storage device;
c. constructing an objective function from the travel information via the processor, the objective function representing a travel cost to the organization to purchase travel trips for the plurality of travelers for the plurality of predetermined links;
d. constructing a set of constraints from the travel information via the processor, the constraints comprising restrictions relating to the objective function;
e. applying the constraints to the objective function via the processor to determine a solution of the objective function that satisfies the constraints and that minimizes the travel costs of the organization; and
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J

f. generating a report representative of the solution via the data output device.
2186113
Analysis:
Points redemption
68. A computer implemented consumer transaction point accumulation system in which a consumer earns and accumulates points immediately in centralized data storage for each indMdual purchase of select items purchased during a consumer transaction at participating retailer outlets, the system comprising:
(a) at least one in-store system comprising:
(I) a local processor;
(ii) local data storage electrically coupled to said local processor,
(iii) data input means electrically coupled to said local processor for
receiving consumer account identity data and consumer account requests; and (iv) a local communicator electrically coupled to said local processor
for transmitting requests for consumer account data;
(b) a host system having at least:
(I) a host processor;
(ii) a host database electrically coupled to said host processor, said
host database including a plurality of consumer records, wherein each
consumer record includes at least a consumer point balance;
(iii) a host communicator electrically coupled to said host processor
for receiving request for said consumer account data, said host communicator transmitting at least said point balance to said in-store system;
(c) said local processor performing the following steps:
(I) processing each individual purchase of an item during the
consumer transaction at the participating retailer outlet to determine points earned on select items;
(ii) updating said point balance in said in-store system by adding said
points earned on said select items to said point balance;
(iii) analyzing said updated point balance to determine if said updated
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9taflQe is greater than oreqaI to a cs1 credit point balance; and said iipdated point balance is greater than or equal to said
ôatctêd1t point balance, providing the àonsumer with an option to
Immediately reduce the price of one of a select item being purchased by a specified amount.
2273971
Analysis:
69. A computer implemented method of immediate consumer point accumulation and redemption resulting from consumer transaction at participating retailer outlets, the method comprising the steps of:
a. inputting consumer identity data into a local system;
b. requesting consumer transaction point data representing an initial transaction point total previously earned by a consumer,
c. storing said consumer transaction point data in temporary data storage;
d. processing a code number for a transaction item being purchased to determine whether said transaction item has a select status;
e. awarding points for each transaction item having said select status;
f. updating said consumer transaction point data stored in said temporary data storage by adding point awarded for each said transaction item having said select status to said initial transaction point total;
g. analysing said updated consumer transaction point data to determine if said updated consumer transaction point balance is greater than or equal to a cash credit point balance; and
h. where said updated consumer transaction point balance is greater than or equal to said cash credit point balance, providing a consumer with an option to immediately reduce the price of one of said transaction items having said select status by a specified amount.
2273971
Analysis:
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000109

SOFTWARE SPECIFIC
Generating code
70. A method of data access code generation, comprising:
a) describing a data object in a data object description document;
b) applying at least one code generation template to said data object
description
doäument;
c generating at least one data access class.
71. A method of generating data access Java classes, comprising:
a) creating a XML data object description;
b) applying a plurality of code generation templates to said XL data object
description;
C) generating at least one data access Java class.
Analysis:
Agents
72. A mobile communication system for transmitting a message containing location re9istration request information from a mobile node to a foreign agent, to an authentication server, and to a home agent in this order, and returning a message containing location registration reply information
.... registering a location of the mobile node in the home agent and the foreign agent wherein the foreign agent and the home agent control a transmission of a packet both transmitted and received by the mobile node according to the service profile information contained in the message received from the authentication server.
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6933.

Analysis:
Software Agents:
The following guidelines are proposed.
i. All software agents are equated as programs and the same guidelines that are accorded to claiming a program also apply to claiming software agents.
ii. Inserting the term “agent” in a claim does not instill patentability to otherwise known, obvious or non-useful claims.
iii. Claims are considered on merit despite the inclusion of agent steps or agent elements.
iv. Claims that recite agents as being equivalent to tangible structural elements or components will be rejected as indefinite under Section 27(4) because a software agent cannot operate without being executed on a processor, just like a program.
v. A full and proper description showing the integration of the agent function(s) with the invention is required, particularly, when the claimed software agent is considered to be a distinguishing feature over the prior art.
Agents as Apparatus, Where Invention Lies in Use of Agents
73. A home agent apparatus serving as one of a plurality of such agents and used in a mobile communication service system providing a communication service for a mobile node in a system having a database for use in managing a service profile containing information used to provide a service requested by the mobile node, each of the plurality of agents capable of accommodating the mobile node, and an authentication server authenticating the mobile node, the home agent apparatus comprising:
a. a first generation unit for generating a visitor list and adding a mobile node to the visitor list upon receipt of a location registration request from the mobile node;
• b. a request unit for transmitting an authentication request to the authentication
• sewer to authenticate the mobile node;
C. a second generation unit generating a mobility binding table for the mobile
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node upon receipt iromthe authentication server of aserviceproffle corresponding to the mobile node extracted from the database and an authentication reply corresponding to the authentication request; and
d. a service control unit providing a service for the mobile node using the service profile, the visitor list, and the mobility binding table. CA 2321396:
Analysis:
74. A mobile communications service system, comprising:
a. a foreign agent for transferring to a correspondent node a packet received from a mobile node and addressed to the correspondent node, and decapsuling a received capsuled packet and transferring the decapsuled packet to the mobile node; and
b. a home agent for transmitting a packet received from the correspondent node to the foreign agent after capsuling the packet, and notifying the correspondent node of a care-of address for the mobile node and service profile information about the mobile node by incorporating them Into a binding update message,
c. wherein a packet transfer route from the correspondent node to the mobile nods is optimized according to the binding update message received by the correspondent node from the home agent. [claim 17 of said CA 2321396]
Software Based Managerlmonitor
75. In a broadband network having a hybrid fiber coax (H.C.) network provided with network elements operable for communicating telephony, data, and video signals with customer-premises equipment, a network management system for managing the H.C. network, the H.C. network management system comprising:
- an H.C. network manager for monitoring status of the network elements and the customer-premises equipment, for controlling configuration of the network elements and the customer-premises equipment, and for monitoring the configuration of the
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network elements and the £ustónier-premises equiçent, 0A2385939:
Analysis:
Program listings
A program listing alone, although constituting a workable embodiment of the invention, is not in a form to allow for examination. An application for patent must comply with all of the filing requirements.
Other Software related
In 2194835
- Mesh Simplification and Construction of Progressive Meshes, claim 1 sets forth:
76. In a computer, a method of simplifying an arbitraiy initial mesh having a plurality of vertices and a connectivity of the vertices defining edges between connected pairs of the vertices and faces defined by plural connected edges for representing multi-dimensional objects with computer graphics, comprising:
a. choosing an edge of the mesh;
b. performing an edge collapse transformation on the edge to produce a simpler mesh wherein the pair of vertices connected by the edge is replaced by the edge collapse transformation with a single vertex; and
c. performing a plurality of iterations of the steps (a) and (b) to produce a base mesh having a desired level of detail.
Analysis:
In 2113417 Method and System for Aggregating Objects, claim 1 sets forth:
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(a) creating an instance of the enclosing object, wherein the query function member of the controlling object management interface of the enclosing object receives an identifier of the external interface of the enclosed object and returns a reference to the external interface; and
(b) creating an instance of the enclosed object, wherein the query function member of the external interface of the enclosed object receives an identifier of an interface, invokes the query function member of the controlling object management interface of the enclosing object passing the received identifier, and returns a reference returned by the invoked query function member of the controlling object management interface of the enclosing object as a reference to the identified interface.
Analysis:
In 2207791- Method and Apparatus to Update or Change a Network Directory, claim 1 sets forth:
78. A method, in a computer network, of dynamically replacing a first computer module supporting a distributed service with a second computer module, comprising the steps of:
a. receiving a request to replace the first computer module;
b. calling a loader computer module for managing the replacement of the first computer module with the second computer module;
c. renamhg the first computer module from a first name to a second name while the first module is supporting the distributed service;
d. loading the second computer module to replace the first computer module; wherein the second computer module is named the first name when loaded; and e.
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Managing Vehicle Rentals
79. A system for managing vehicle rentals from a vehicle rental
service provider for a plurality of users, said system comprising:
a server system including a routine and a database having
vehicle rental variables associated with each of said vehicle rentals;
a plurality of client systems for said users, each of said client
systems including a data entry component selecting one of said vehicle rental variables, entering a value corresponding to said selected one of said vehicle rental variables, and entering a request for a report based upon said value and said selected one of said vehicle rental variables; and
a global communication network interconnecting said server
system with said client systems, said global communication network sending
said request from one of said client systems to said server system, the routine of said server system generating said report for at least one of said vehicle rentals for which said selected one of said vehicle rental variables differs from said entered value, said global communication network sending said report to said one of said client
systems. 2435343
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